O direito fundamental de se casar com quem se quer

Abstract

The scope of the paper is to analyze whether or not some of the legal prohibitions on marriage exceed the constitutionally authorized limit of state interference in families. The development of work starts from the premise that recognizes the existence of a fundamental right to constitute / belong to a family. The working hypothesis is that the constitutional protection granted to families does not allow state interference to exceed what is strictly necessary for the protection of vulnerable subjects, or theprotection of the legal sphere of third parties, under penalty of violating private autonomy, freedom, equality, dignity and family as fundamental right itself. From the bibliographic research added to the jurisprudence analysis, the Cartesian analytical-deductive method was used. At the end of the work there are the reached conclusions, in the sense that legislative prohibitions on marriage are onlypermissible if they preserve the essential nucleus of the fundamental right. Keywords: Families. Marriage. Private Autonomy.